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Second Remand Order in Coastal Zone Management Cases Pending Before Fifth Circuit

The Energy Law Blog

In May 2018, oil and gas industry defendants removed a docket of 42 cases alleging violations of Louisiana’s coastal zone management laws to federal court in the Eastern and Western Districts of Louisiana (“CZM cases”). 18-5217, 2019 WL 2271118 (E.D. May 28, 2019). 18-677, 2019 WL 4734394 (W.D. 26, 2019), —F.

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Motion to Remand Granted in One Coastal Zone Management Act Case But Federal Appellate Options Remain Viable

The Energy Law Blog

On May 28, 2019, United States District Judge Martin Feldman issued a sixty-four page Order and Reasons which granted motions to remand filed by Plaquemines Parish and the State of Louisiana in The Parish of Plaquemines v. That case is one of forty-two Coastal Zone Management Act (“CZMA”) cases that were removed to Federal court in May 2018.

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U.S. Climate Change Litigation: 2020 Update

The Energy Law Blog

ExxonMobil removed the case to federal court arguing that the lawsuit involves “complex federal statutory, regulatory, and constitutional issues and frameworks,” which should supplant Massachusetts’ interpretation of climate issues. Below we take a closer look at each category of lawsuits and provide an update on where they stand today.

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Texas Supreme Court to Review $500 Million Verdict in Case Involving Formation of Partnership to Construct Crude Oil Pipeline

The Energy Law Blog

a case concerning Texas partnership law. Oral argument before the Texas Supreme Court is scheduled for October 8, 2019. Privacy Policy: By subscribing to Liskow & Lewis’ E-Communications, you will receive articles and blogs with insight and analysis of legal issues that may impact your industry.

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Dismissal of Louisiana’s Challenge to TED Requirement for Shrimping Vessels in State Waters Affirmed

The Energy Law Blog

In December 2019, to protect endangered sea turtles, the NMFS promulgated a rule requiring a TED on all skimmer trawlers over 40 feet in length, including those operating in state waters. With Louisiana’s case dismissed, the TED requirements for shrimp skimmer trawl vessels 40 feet and greater in length are likely to remain in place.

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Louisiana Supreme Court Limits Effect of Collateral Source Rule in Personal Injury Cases

The Energy Law Blog

On May 9, 2019, the Louisiana Supreme Court issued an important opinion restricting application of the collateral source rule in personal injury lawsuits. In Simmons v. Cornerstone Investments, LLC, et al. 2018-CC-0735 (La. Cornerstone Investments, LLC, et al. 2018-CC-0735 (La. Simmons at 3-4. Bozovic Marine, Inc. , 3d 353 (5th Cir.

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U.S. Supreme Court Addresses Circuit Split Regarding “Bare Metal” Defense in Products Liability Action Under General Maritime Law

The Energy Law Blog

Ct. —, 2019 WL 1245520 (U.S. March 19, 2019), the U.S. The defendant manufacturers removed the cases from Pennsylvania state court to federal court and invoked the “bare metal defense” under general maritime law, arguing that they should not be liable for harms caused by later-added third-party parts. Devries , No. 17-1104, — S.